onderhandhaving

Onderhandhaving is a Dutch term that is used to describe the practice or process of reaching agreements through negotiation, rather than by coercive or formal enforcement alone. In everyday language the act of negotiating is usually expressed with onderhandeling or onderhandelingen, but onderhandening appears in more formal or bureaucratic contexts to denote the ongoing practice of negotiating to achieve compliance, settlements, or agreements.

The concept is applied in several domains. In arbeidsverhoudingen and civil society, onderhandhaving can describe how employers and employees or unions negotiate terms and conditions, often culminating in a collective agreement. In public administration and regulatory contexts, it refers to negotiations between government bodies and other stakeholders to implement policy, resolve regulatory issues, or avoid formal sanctions through negotiated settlements. In contract law, negotiations and settlements may be described as part of the onderhandhaving of contract terms.

Process and methods: common elements include preparation with a clear agenda, stakeholder mapping, defining objectives and limits, identifying possible concessions, choosing negotiation tactics, drafting the agreement, and establishing monitoring and follow-up to ensure compliance.

Impact and considerations: when conducted effectively, onderhandhaving can save time and resources, reduce conflict, and build mutual trust. Risks include power imbalances, information asymmetries, and the danger that negotiated outcomes bypass formal rights or due process.

Zie ook: onderhandelen, onderhandeling, onderhandelingen, conflict resolution, mediation, arbitration.